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Judgment
7 paragraphs · 290 wordsW. Diengdoh, J
Heard Mr. M.F. Qureshi, learned Legal Aid Counsel for the applicant, who has submitted that the applicant has filed an appeal before this Court, being aggrieved and dissatisfied by the impugned judgment dated 23.10.2025 and related order of sentence dated 27.10.2025 passed by the Court of the learned Additional Deputy Commissioner (J), East Khasi Hills. Shillong in Sessions Case No. 7 (T) 2025, wherein, he was directed to undergo simple imprisonment for a term of 7 years with fine of ₹ 1,00,000/- (Rupees one lakh) only, and in default thereof, to undergo further simple imprisonment of 4(four) months for an offence punishable under Section 376(1) IPC.
However, while preferring an appeal, a delay of 142 days has occurred, due to circumstances which is beyond the control of the applicant, since his family members did not come forward to assist him to file an appeal as they were not having sufficient means to engage a private counsel. As such, he could not prefer an appeal within the prescribed period of limitation. Thereafter, legal aid was sought for, and accordingly, this application was processed through a Legal Aid Counsel. It is therefore prayed that the delay be condoned and the appeal be admitted.
Mr. R. Gurung, learned GA appearing for the State respondent has no objection to the prayer for condonation of the delay.
On consideration of the submission made, this Court is inclined to allow this application on being satisfied that the grounds cited for the delay contain sufficient cause. Accordingly, the delay of 142 days in preferring the appeal is hereby condoned.
Registry is directed to diarize the appeal and list it for admission after 1(one) week.
Misc. Case disposed of.